A Kerala sessions court on Friday (October 30) pulled up the State government and the family of a man killed in a Mercedes-Benz crash for revealing the identity of the 17-year-old suspect in petitions seeking cancellation of his bail. The court observed that disclosing the minor’s name and personal details violated the Juvenile Justice Act, which protects the identity of children involved in legal proceedings.
Ernakulam Additional District and Sessions Judge Kavitha Gangadharan directed both parties to correct their petitions before the court could hear the matter. The teenager, whose father is an additional district judge, was allegedly driving the luxury car that hit a scooter in Kochi’s Cheranalloor area on October 25, killing 55-year-old street food vendor Jayabalakrishnan, Bar & Bench and Live Law report.
Court Flags Violation Of Juvenile Justice Act
During Friday’s hearing, the court found that the State’s petition seeking cancellation of the teenager’s bail and an impleadment application filed by the victim’s wife disclosed the minor’s name and other identifying details.
Expressing displeasure, Judge Gangadharan questioned how such petitions could be filed despite legal provisions protecting the identity of children in conflict with the law.
“Until this is rectified, I cannot hear this. This is a clear violation of the Juvenile Justice Act. The full name of the Child in Conflict with Law is revealed. Is this how you file a petition before a court of law? You will have to correct the cause title. This court is here to protect the child as well. Not just the victim,” the judge observed.
The court pointed out that Section 74 of the Juvenile Justice Act prohibits the disclosure of names, addresses or other details that could reveal the identity of a child in conflict with the law, a child requiring care and protection, or a child who is a victim or witness of a crime.
State Asked To Correct Bail Cancellation Plea
The court also found that the State’s appeal disclosed the teenager’s full name and residential address. It directed the prosecution to file an appropriate application to correct the cause title and replace the minor’s name with an anonymised designation.
“Memorandum of appeal filed under Section 101 disclosed the full name and residential address of the Child in conflict with law. The prosecution is therefore directed to file an appropriate petition for correction of cause title substituting the child’s name with an anonymised designation,” the court stated in its order.
Both parties were directed to ensure that the minor’s identity and address were not disclosed in their petitions. The court also pointed out a procedural defect in the State’s plea concerning its filing as a criminal appeal under Section 101 of the Juvenile Justice Act.
The victim’s other family members informed the court that they had filed a separate appeal seeking cancellation of the teenager’s bail. The matter has been posted for further hearing on Saturday (October 31), after the necessary corrections are made.
How The Fatal Crash Took Place
According to the First Information Report (FIR) registered by Cheranalloor Police, the accident occurred around 2 am on October 25 when the Mercedes-Benz allegedly driven by the 17-year-old hit a scooter.
Jayabalakrishnan, a street food vendor, was returning home from work when the car rammed into his two-wheeler, killing him.
Police initially booked the teenager under Sections 281 and 106(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, which deal with rash driving and causing death by negligence, respectively. According to reports, he was initially released on station bail.
However, protests by the victim’s family and local residents prompted the police to invoke more serious provisions, including Section 105 of the BNS, which deals with culpable homicide not amounting to murder.
Police also added Sections 181, 183, 199A(1) and 199A(2) of the Motor Vehicles Act, 1988.
Teenager Granted Bail, Family Seeks Cancellation
The Juvenile Justice Board (JJB), Ernakulam, granted bail to the teenager on October 26, a day after the fatal accident. The State prosecution subsequently moved the sessions court seeking cancellation of the bail.
The victim’s wife also filed an application seeking to join the proceedings, while other family members approached the court separately to challenge the bail order.
On Wednesday (October 28), the sessions court called for the case records from the JJB and issued notice to the teenager.
Public Prosecutor Manoj G Krishnan represented the State during Friday’s hearing.
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Judge Father Also Named In FIR
The teenager’s father, an additional district judge currently posted at the Motor Accident Claims Tribunal (MACT) in Irinjalakuda, Thrissur district, has also been named as a suspect in the case.
The judge, who is the registered owner of the Mercedes-Benz, was booked under Section 105 of the BNS read with Sections 181 and 199A of the Motor Vehicles Act.
Section 199A provides that when a minor commits an offence involving a motor vehicle, the guardian or vehicle owner is presumed responsible and may face prosecution and punishment, subject to statutory exceptions.
The Kerala High Court on Thursday (October 29) granted the judge interim protection from arrest while considering his anticipatory bail application.
Court’s Warning Highlights Need To Protect Minors
The proceedings have brought two important legal concerns into focus: the victim’s family’s demand for accountability in a fatal road accident and the legal safeguards available to children facing criminal proceedings.
While the family continues to challenge the teenager’s bail, the sessions court has made it clear that the seriousness of the allegations does not remove the legal protection granted to minors.
The court’s observations also serve as a reminder that even in cases involving public outrage and serious allegations, legal procedures must be followed and the identity of a child in conflict with the law must remain protected.
The bail cancellation proceedings are scheduled to continue on October 31.
